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skmca (MCA)     12 January 2010

arya samaj marriage

I got married through Arya Samaj 20days back where we  go through the 'saat fere' before the sacred fire, Arya Samaj certificate was issued. Since this marriage was without the consent of my parents. i know that the boy has already engaged with other girl. now engaged girl parents and his parents focing for 2nd marriage. he is not taken any decision. he is not accepting for 2nd marriage but if he accepts 2nd marraige what should i do? he loves me very much but his parents not accepting me. I have a arya samaj certificate but didn't get it registered with court and marriage photos. is the arya samaj marragie is legally valid?



 16 Replies

Suchitra. S (Advocate)     12 January 2010

Dear, Arya samaj marriage certificate is a valid one. Even if you have not registered it,  yet the marriage is a valid one. You can always go and register it in the registrar's office if the boy is cooperating for that. Bigamy is a punishable offence and you can always file a case if he marries another girl. Let his parents know that you are having the marriage certificate and you will be filing a case, if he remarries.

1 Like

Guest (Guest)     12 January 2010

Yes. I agree with Suchitra.  Do not allow the boy to go for 2nd marriage in the name of force thrust by parents.  If things become hot, you can certainly take preventive measures.   If he is going for second marriage, by filing criminal complaint against bigamy and also a civil case seeking the injunction against him and his would be bride and also against the parents of the boy, you can protect yourself.  You protect yourself from any emotional and any other black mailing as law is on your side.   Wish you best of luck.

1 Like

Santosh Sharda (self)     12 January 2010

Putting legal pressure at this stage is not advisable. It is best that his parents are informed by you or someone representing you that the marriage in Arya Samaj took place.

Relationship will be full of thorns if you take any legal steps at this stage.

 

1 Like

Hardik Mehta (Family Counsellor)     13 January 2010

The second marrige if done with the force will not be valid. And in this case, the girls parents would have been arrested for doing such an act, knowing that the boy is already married. So, he just needs to restrain hmself and take the firm stand. You marriage is vald.

1 Like

skmca (MCA)     13 January 2010

Thank u very much for all the responses.
last week he went his house and informed about our marraige to his family and engaged girl's parents also. engaged girl parents already filled a cheating case against his family 3days back. they said that if u accept 2nd marraige we will cancel the case otherwise we will take severe action againt u and ur family. the boy is telling forget me if i talks with u my parents will suicide. he is talking with me but not thinking about our marraige. now he is in the office he will comeback home next week. am in a very bad situation  plz help me.

Guest (Guest)     13 January 2010

Now, emotional blackmail.  Do not fall prey for these crocodile tears of your husband and his parents.  You tell him clear cul legal position and tell him that if he ditches you, you will be left with no option to take the course of criminal and civil remedy, which would land him and his parents in jail and loss of reputation in the society.  You make sure that the boy, his parents, the second bride and her parents know in writing that your marriage with the boy was solemnized so that no one would be allowed to escape the clutches of law by feigning ignorance of first marriage, if they venture for the second marriage.

Wish you best of luck.

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     13 January 2010

 ARYASAMAJ MARRIAGE CERTIFICATE IS A VALID ONE, BETTER TO APPROACH A MARRIAGE RIGISTRAR THEN GET A POST MARRIGE CERTIFICATE.

THERE IS NO TERM SECOND MARRIAGE, 3RD MARRIAGE IN HINDUMARRIAGE ACT 1956, AFTER FIRST MARRIAGE ANY OTHER MARRIAGE IS OFFENCE UNDER IPC, DIRECT JAIL.

1 Like

Hardik Mehta (Family Counsellor)     13 January 2010

SK,

Better approach the police and file the case of blackmail against the girl and her parents. This will counter the cheating case. Tell them that they are forcing for the second marriage with your husband and affecting the married life. I would suggest you to go the same, since you being the lady has to right to complain for such cases. You can also go to CAW cell and complain about the girls and her parents. Show that you are ready to fight the case, no matter what happens and save your husband and family from such blackmailers.

1 Like

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     19 January 2010

I agree with Janardhan Reddy sir

1 Like

DR.SANAT KUMAR DASH (Eye Specialist)     19 January 2010

 ARYA     SAMAJ    MARRIAGE    CERTIFICATE   IS   VALID    INSTRUMENT    4    U.   DO N'T    ALLOW  U'R   HUSBAND    4  THE   SECOND  MARRIAGE   WITH   THAT  GIRL?   YOU   SHOULD   PROCEED   4  REGISTRATION  IN THE   MARRIAGE  REGISTRAR   OFFICE    OF  U'R  AREA.

1 Like

skmca (MCA)     19 January 2010

Thanks a lot for your valuable suggestion. I live in Hyderabad and my husband place is in Karimnagar He is working in Kakinada. tomorrow he is coming back from his office. he is telling if they force for 2nd he will agree. I am ready to take an action but please tell how can i proceed. Do you know any lawyer who can help me in this matter. Please help me.

THANK U VERY MUCH FOR ALL THE RESPONSES...

chandra mohan (ADVOCATE)     20 January 2010

sir/madam,

every lawyer is copetent  to do your procding but u shuled go to your fatihfull lawyer. which is your knowledge.

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     23 January 2010

 

 

The best solution is approach the High court and get protection against parents and police will help you and also stop his parents not to take any step like this.
Good luck.
adv.kamal.grover@gmail.com

1 Like

skmca (MCA)     25 January 2010

thank u very much Chandramohan and Kamal Grover

if i take any action the engaged girl parents will creat prob for me???? they are not taken any decition and now i know that they are not filled a cheating case. they r thinking in front of caste people they want to solve this problem.  now my husband telling i will not live with u. if we live together society will not accept and my parents will commit suicide. for the sake of parents he want to reject our marraige. if  engaged girl parents accepts 2nd marraige my husband  and his parents are ready  for 2nd marriage. if engaged girl parents not accepts for 2nd marraige my husband and his parents want to cancel my marragie and do marraige with another girl bcoz my caste his different and they dont want to loose reputation in the society.

 


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